Pursuant to Section 10 of the Consumers Rights Protection Law and the Cabinet of Ministers Regulations No.255 “Regulations Regarding Distance Contracts” of 20 May 2014, this Distance Contract, is concluded between SIA “Modes muzejs”, RE unified reg. No. 50103939021, hereinafter referred to as – the Seller, of one part, and the Buyer – natural person, of the other part, regarding liabilities that arose to the Buyer at the moment of ordering one or several, identical or different Products, hereinafter referred to as – the Product, paying for the Product the indicated price of the Product, and the Seller confirming the order of the Product and ensuring delivery of the Product to the delivery address specified by the Buyer.
1. Order placing procedure.
1.1 The Buyer independently places the order of the Product online, becoming fully acquainted with the information on the Product, posted on the homepage www.fashionmuseum.shop, including the provisions of this Contract and delivery, and sends the order to the Seller, indicating own name, surname, residence and delivery address, using the button “Order”.
1.2 The Seller confirms the order within 3 (three) working days after receipt thereof, sending a confirmation e-mail to the Buyer.
2. Product price and settlement procedure.
2.1 The price of the Product is the price, at which the Seller sells the Product to the Buyer, and this price is indicated on the homepage.
2.2 The Products delivery fee is not included in the price of the Product.
2.3 Settlement of payments for the Products and delivery is done using a payment card issued by credit institutions.
3. Order execution procedure.
3.1 Execution of the order is commenced at the moment, when the Seller has confirmed the order.
3.2 The term of order execution does not exceed 30 (thirty) days from the order confirmation date.
3.3 The order is considered executed at the moment, when the Product is transferred for delivery to the Buyer.
3.3.1 If the Buyer or his/her authorised representative is not present at the previously indicated delivery address at the delivery time specified in the order, the Product is sent to the Buyer repeatedly or returned to the Seller at the price that corresponds to the price of delivery of parcel of the respective weight. Repeated delivery shall be paid by the Buyer according to the indicated delivery rates;
3.3.2 if the Seller has ensured two repeated deliveries to the address specified by the Buyer and at the previously indicated time, but the Buyer or his/her authorised representative has not been present at the specified address and time, the Seller’s liabilities shall be considered as fulfilled. The Seller is entitled to refuse provision of further delivery options, and the Buyer is obliged to arrive at the Seller’s warehouse and receive the Product.
3.4 After execution of the order, the Seller’s liabilities towards the Buyer shall be considered as fulfilled.
3.5 Ownership rights to the Product and related responsibility shall transfer from the Seller to the Buyer at the moment of transfer of the Product.
4. Rights and obligations of the Parties
4.1 The Seller undertakes:
4.1.1 to sell and deliver the Product in accordance with the placed order;
4.1.2 to provide complete information on the Product and its manufacturer;
4.1.3 to inform (also electronically) the Buyer about any changes to conditions of execution of the order, if the Product delivery terms change while the Seller executes the order;
4.1.4 to examine the Buyer’s complaints in relation to the Product, the order execution terms or quality in a reasonable period of time, responding to the Buyer on the substance of the matter;
4.1.5 to refund to the Buyer his/her actually made payment for the Product within 30 (thirty) days, if the Seller is unable to execute the order in accordance with its conditions and the Buyer has not consented to any changes to the order conditions;
4.1.6 to use the personal information given in the Buyer’s order only for drafting an invoice for settling a payment for the order, for order execution and delivery of the Product.
4.2 The Seller is entitled:
4.2.1 in case of any uncertainties after receipt of order, to contact the Buyer via phone and clarify the information indicated in the order regarding the selected Product or the Buyer;
4.2.2 not to commence order execution, if the specified payment for the Product ordered by the Buyer is not received;
4.2.3 not to accept complaints regarding non-conformity of the Product, or the Product itself in accordance with Section 7 of this Contract, if the Product has visual and/or technical defects that have arisen due to the Buyer’s fault, and which restrict further sales and/or returning of the Product to the manufacturer.
4.3 The Seller is entitled to modify the contents of this Contract unilaterally, without violating requirements of the effective regulatory enactments. This provision does not apply to orders that are already in the process of execution. Such modifications shall come into effect from the moment of their publication on this homepage.
4.4 The Buyer undertakes:
4.4.1 when placing an order, to provide true and accurate information on the selected Product and himself/herself, so that the Seller could fulfil own liabilities in full amount, contacting the Seller electronically or via phone for consultations in case of any uncertainties;
4.4.2 to settle a payment for the Product according to the price of the Product indicated in the order;
4.4.3 to settle a payment for the Product according to the price indicated in the order;
4.4.4 to accept the Product within the delivery term indicated in the order.
4.5 The Buyer is entitled to:
4.5.1 receive the Product corresponding to the order;
4.5.2 to receive a refund for the Product, if the Seller is unable to execute the order according to its conditions, and the Buyer has not consented to any changes to the order conditions.
5. Responsibility of the Parties.
5.1 The Parties are fully responsible for fulfilment of their liabilities in accordance with the effective regulatory enactments.
5.2 If any of the Parties suffer any force majeure conditions during performance of this Contract, which are beyond influence and control of the Parties, the Party that is affected by these obstacles shall notify the other Party to agree on further action.
6. Right of withdrawal.
6.1 The right of withdrawal represent the Buyer’s right to withdraw from the Contract unilaterally within a specific period, without reimbursement of the Seller’s loss. Sending of withdrawal notice within a specific term terminates the Contract and releases the Buyer from any contractual liabilities, except covering of costs related to returning of the Product to the Seller.
6.2 The Buyer is entitled to withdraw from purchase of the Product within 14 (fourteen) calendar days from the moment of receiving the Product, sending a withdrawal letter to the Seller (withdrawal form is available here: https://fashionmuseum.shop/return-policy/), to the e-mail address: firstname.lastname@example.org.
6.3 The Buyer is obliged to return the Product to the Seller within 14 (fourteen) days after sending the written withdrawal letter. All costs, which will arise in relation to returning of the Product to the Seller, shall be assumed by the Buyer.
6.4 When exercising the right of withdrawal, the Buyer shall assume responsibility for retaining of the Product’s quality and safety, and any decrease of the Product’s value, if the Product has been used in a way that is incompatible with the principle of good conduct, including use of the Product for any other purpose, instead of verification of the Product’s qualities or functioning. Otherwise, the Seller reserves the right to refuse acceptance of the returned Product.
6.5 After receipt of the withdrawal letter and the returned Product, the Seller shall immediately, but not later than within 14 (fourteen) days refund the amount paid for the Product. The refund will be made, using the same payment method, as you used for the initial transaction. Otherwise, if the Seller will not receive the withdrawal letter and/or the Product according to the procedure specified under this Contract, the Seller is entitled to refuse refund of the amount paid for the Product.
7. Dispute resolution procedure.
Any disputes and disagreements, which may arise or will arise between the Parties during performance of this Contract, shall be resolved by the Parties through mutual negotiations. If the Parties fail to reach an agreement, the disputed matter shall be transferred for adjudication in the court according to regulatory enactments of the Republic of Latvia.